The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that from the date of this judgment.

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution against the violation of the Labor Standards Act against workers B, C, D, E, and F and the Act on Guarantee of Workers' Retirement Benefits, and convicted all of the remainder of the Labor Standards Act, the violation of the Act on Guarantee of Workers' Retirement Benefits, and the violation of the Minimum Wage Act, and only the Defendant appealed against the conviction portion of the lower judgment

Therefore, the dismissal part of the judgment of the court below shall be deemed to have been excluded from the appeal subject to separate determination, and the scope of the judgment of this court shall be limited to the remaining conviction part, excluding the dismissal part separated and finalized as above.

2. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than ten months) of the lower court is too unreasonable.

3. Article 1 (1) of the Criminal Act shall apply to the method of conduct in accordance with Article 1 (1) of the Criminal Act, where any change in law occurs after ex officio judgment but no change in punishment is made.

Of the facts charged in the instant case, the lower court applied Articles 109(1) and 36 of the current Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018) that statutory penalty for the violation of each of the Labor Standards Act is imprisonment for not more than three years, or a fine not exceeding 30 million won.

However, Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017), which provides for a statutory penalty of not more than three years or a fine not exceeding twenty million won, is a violation of each Labor Standards Act as stated in the lower judgment, and thus, the statutory penalty should be applied more minorly pursuant to Article 1(1) of the Criminal Act.

4. Accordingly, the judgment of the court below that found the guilty portion of the judgment of the court below has the above reasons for ex officio reversal, and the court below rendered a single punishment by treating the part with the reasons for ex officio reversal as concurrent crimes under the former part of Article 37 of the Criminal Act